Hackensack City Zoning Code
ARTICLE IV
Site Plan Review
§ 175-4.1 Statutory authority; purpose.
This article is adopted pursuant to N.J.S.A. 40:55D-38 and N.J.S.A. 40:55D-39 to ensure that any proposed development complies with all of the standards and provisions set forth in N.J.S.A. 40:55D-38a and b and N.J.S.A. 40:55D-2, which are hereby incorporated by reference. Site plans shall be so designed as to provide for the harmonious use of land and as to comply with all of the requirements of this article and all other applicable ordinances and the foregoing purposes.
§ 175-4.2 Consistency with other provisions.
Nothing in this article shall be read as superseding, replacing, or contradicting Chapter 26 of the City of Hackensack Code Book, entitled "Land Use Procedures." Where sections of this article conflict with sections of Chapter 26, deference shall be given to that chapter.
§ 175-4.3 Submission of site plan required; exceptions.
A.
Except as provided in § 175-4.3B of this section, no building permit for any building or structure nor certificate of occupancy or other use permit shall be issued unless a site plan is first submitted to and approved by the Planning Board (or Board of Adjustment, where appropriate).
(1)
No person, firm or corporation shall use, occupy, change the use or enlarge a lot, structure or building unless a site plan is first submitted to and approved by the reviewing board.
(2)
No certificate of occupancy shall issue unless all improvements and construction required by site plan approval have been properly installed and completed, including all requirements of applicant's soil erosion and sediment control plan, when required, and all conditions annexed to the resolution of approval have been complied with.
B.
Site plan approval shall not be required for minor subdivisions or individual lot applications for detached one- or two-family dwelling unit buildings, unless the applicant is seeking a conditional use permit, a use variance or other "D" variance. Additionally, site plan approval shall not be required for any nonresidential use or activity involving the following:
(1)
Repairs to the interior or exterior of a building not involving an enlargement of the building.
(2)
Renovations or alterations to the exterior or interior of a building or structure not involving any significant increase in usable space or existing use of the building or structure and not involving any change of a permitted use. Any proposed change of a site plan or deviation from the plan during construction shall require approval by the initial reviewing board.
(3)
Lots of less than 10,000 square feet wherein the existing structure occupies at least 80% of the lot area.
§ 175-4.4 Objectives.
A.
The objectives of site plan review are to ensure that sufficient information is provided to the reviewing board so that the Board can determine whether the proposed use, building, structure, addition or change to any building, structure or use will conform to the Municipal Land Use Law,[1] this Zoning Ordinance, Chapter 150, Subdivision of Land, and other applicable ordinances and requirements of the City of Hackensack, county, and state. Site plan review shall work towards the development of an aesthetically acceptable and well-ordered community serving the interest of public health, safety and general welfare of the City residents and ensuring that the scope of the development is within the infrastructure capacities of the City.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
In the course of such review, the reviewing board shall consider but not be limited to such factors as the following:
(1)
The adequacy of access for fire and police protection and otherwise.
(2)
The adequacy of provision for drainage of surface waters and for disposal of all wastes.
(3)
The location and the layout of accessory off-street parking and off-street loading spaces, the width and grading of all entrances and exits to such places, the location of such exits and entrances, the traffic flow on the site and ingress and egress to the site, together with the distance from street intersections, the likelihood of left-hand turns and other turning movements and the likelihood of drawing vehicular traffic to and through local residential streets.
(4)
The arrangements for safe and convenient pedestrian circulation on the site and on its approaches.
(5)
The impact of the proposed layout upon the surrounding area and particularly upon any nearby residences, including but not limited to:
(a)
The location, bulk and height of buildings and the extent of their shadows.
(b)
The location, intensity and direction of any outdoor lighting and the proposed times for its use.
(c)
The location of any utilities.
(d)
The likelihood of any other nuisances.
(e)
Whether appropriate and adequate screening is provided.
(6)
The size, location and type of any signs and/or outdoor display and their appropriateness in the area involved.
(7)
The proposed landscaping and its appropriateness in the area involved. Preservation of substantial trees and, where appropriate, existing vegetation is to be encouraged to the maximum extent possible. All site plans must show the location of all existing trees in excess of 1.5 feet (18 inches) in diameter, when measured at a height of three feet above ground.
(8)
The arrangement of buildings, structures and open spaces on the site, with particular emphasis on setback requirements and the architectural design of the structure(s) and their impact on surrounding properties.
C.
In its review, the reviewing board shall encourage creative design of the site to provide a more convenient and attractive layout.
§ 175-4.5 Procedure for submission of site plan; fees.
A.
A complete site plan shall be submitted on paper 24 inches by 36 inches in size, 14 copies of which shall be filed with the administrative officer at least 21 days prior to the regular monthly meeting of the reviewing board, together with all required site plan application forms and the fee required by ordinance.
B.
Prior to the consideration of an application under the terms of this chapter, the applicant shall have paid a fee as established by the following schedule. These fees are to be used to defray all related costs of City review, including engineering, legal, planning, traffic or any other related costs, whether by City staff or employed consultants.
(1)
Major site plan: $1,000 per application; minor site plan: $500. See § 26-28C for fee schedule.
(2)
Site plan resubmission. For each resubmission of a site plan previously withdrawn by the applicant or disapproved by the reviewing board, a new application fee shall be paid.
(3)
Plan revisions. For revisions to all reviewed site plans, there shall be no fee for the first revision. The fee for all subsequent revisions shall be 10% of the original application fee; provided, however, that the reviewing board may waive the fee in such cases where the reviewing board has recommended changes after the plan has been accepted as complete.
(4)
Technical review fees. The applicant shall pay to the City 20% of the required fee upon submission of the application for determination if the application is complete as provided for in this article. If the application is deemed complete, upon payment of the remainder of the stipulated fee, the application will be scheduled for consideration. If the application is determined to be incomplete, it shall be returned to the applicant together with a statement of deficiencies and 20% of the required fee retained to offset the cost of this review. A resubmission of this application shall be considered as a new application.
(5)
Engineering inspection fees.
(a)
An applicant, prior to the commencement of construction of any improvements required by the reviewing board that are on the right-of-way or interconnected to a public facility, shall pay to the City Treasurer a sum equal to 3% of the cost of required improvements as determined by the City Engineer. These funds shall be used for the inspection of the required improvements to ensure their compliance with City regulations and the reviewing board approval.
(b)
These funds shall be deposited by the Treasurer in an escrow account and shall be used to reimburse the City for any costs incurred on behalf of the applicant.
(c)
Upon final release of the maintenance bonds or final approval, whichever occurs later, the applicant or his successor may request the return of any excess funds in his escrow account. These funds shall be released within 60 days, together with a statement of all costs paid from the escrow funds indicating the time expended and the costs of the City in providing these inspections and other required reviews. The applicant has the right to review all vouchers and other supporting documentation on file with the City substantiating the costs charged against his escrow account.
(d)
If, at any time prior to final approval, the applicant elects to withdraw his request for approval and abandon the project, the applicant or his successor may request the return of excess funds in his escrow account in the manner outlined above.
(6)
Payment of taxes and liens as condition to development approval. As a condition for approval of any development application, an applicant shall be required to submit proof that no taxes or assessments for local improvements are due or delinquent on the property for which said application is made.
§ 175-4.6 Completion of application.
A.
An application for development shall be complete for purposes of commencing the applicable time period for action by a reviewing board when so certified by the reviewing board or its administrative officer.
B.
In the event that the reviewing board or administrative officer does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period, unless the application lacks information required by this article and the reviewing board or its administrative officer has notified the applicant in writing of the deficiencies in the application within 45 days of submission of the application.
C.
The applicant may request that one or more of the submission requirements be waived, in which event, the reviewing board shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that the applicant is entitled to approval of the application. The reviewing board may subsequently require correction of any information found to be in error and submission of additional information not specified in this article or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met.
D.
The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the reviewing board.
§ 175-4.7 Review process.
A.
The reviewing board shall, within 45 days after submission of a complete application conforming to this chapter or within 95 days after submission of a complete application involving a development of more than 10 acres or 10 dwelling units, approve or disapprove the proposed development or construction or may approve subject to appropriate conditions and safeguards designed to further the general purposes of this chapter and specific purposes indicated above. The certificate of occupancy shall then be made explicitly subject to conformity with those conditions and safeguards. Whenever review or approval or the application by the County Planning Board is required by Section 5 of P. L 1968, c. 285 (N.J.S.A. 40:27-6.6), the reviewing board shall condition any approval on the timely receipt of a favorable report or approval on the application by the County Planning Board.
(1)
When a site plan is submitted as a function of a "D" variance or conditional use variance, the time limit requirements for the variance shall prevail.
(2)
Failure of the reviewing board to render a decision within the forty-five-day period or within any further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
B.
Staged development. For any site plan which cannot be reasonably constructed within a period of one year, the reviewing board may require, as a condition of site plan approval or otherwise, a developer's agreement, including one or more of the following:
(1)
That final approval be granted in sections or stages.
(2)
That improvements be installed in a specified order.
(3)
That all or some building permits be withheld pending completion of all or certain in-ground improvements or the posting of adequate performance guaranties.
(4)
That the applicant perform all necessary measures, necessary or reasonable to protect the environment, required by the duration of the construction process.
C.
Concept plan. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for development for which the developer intends to prepare and submit an application for development. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review. See Chapter 26, Article V, entitled "Pre-Application Conceptual Review."
§ 175-4.8 Details of site plan.
A.
The site plan shall be prepared by a licensed surveyor of New Jersey, or if prepared by a professional engineer, the site plan must be accompanied by a survey prepared by a licensed surveyor.
B.
All site plans shall, as a minimum, set forth or depict the following information:
(1)
A data block in the lower right-hand corner setting forth:
(a)
The title or name of the developer.
(b)
The name and address of the applicant and the record owner of all lots comprising any part of the plan.
(c)
The name, address, profession, New Jersey license number, signature and seal of the preparer of the site plan.
(d)
The date of preparation of the plan and all revision dates.
(e)
An indication of scale, which shall not be smaller than 50 feet to the inch.
(f)
North arrow.
(2)
A key map showing all property within a radius of 200 feet of the tract, the block and lot numbers of each such lot, the location of the tract (by shading), all streets and intersections within said area and the names and addresses of all property owners within said 200-foot area.
(3)
The interior corridor and egress layout of the proposed building or structure, first floor only.
(4)
All distances shall be in feet and decimals of a foot, and all bearings shall be given to the nearest 10 seconds.
(5)
Existing zoning and municipal boundaries within 200 feet of the tract.
(6)
Boundaries of the property, building or setback lines and lines of existing streets, lots, reservations, easements and areas dedicated to public use, including grants, restrictions and rights-of-way.
(7)
A copy of any covenants, deed restrictions or exceptions that are intended to or do presently relate to all or any part of the tract.
(8)
All distances, as measured along the center lines of existing streets abutting the property to the nearest intersection with any public street if not shown on the plan.
(9)
Location of existing buildings which shall remain and all other structures, such as walls, fences, culverts, bridges, roadways, etc., with spot elevations of structures. Structures to be removed shall be indicated by dashed lines.
(10)
The location of all water, sewer and storm drainage structures and utility lines, whether publicly or privately owned, with pipe sizes, grades and direction of flow, and, if any existing utility lines are underground, the estimated location of said underground utility lines shall be shown.
(11)
For lots exceeding 10,000 square feet, existing contours at intervals of one foot where slopes are more than 3% but less than 15%, and for all lots containing steeper slopes, contours at intervals of two feet, referenced to United States Coast and Geodetic Survey datum. Existing contours shall be indicated by dashed lines. Where any changes in contours are proposed, finished grades shall be shown as solid lines. Floodway and flood-fringe elevations and contours shall be clearly marked.
(12)
For lots requiring a contour plan, the location of existing watercourses, wetlands, wooded areas or single trees not in wooded areas with a diameter of eight inches or more as measured three feet above the base of the trunk and other significant existing features, including previous flood elevations as determined by survey.
(13)
The location of refuse collection and disposal system, including the location of dumpsters and screening and provisions for materials to be recycled. Applications for 50 or more single-family units, 25 multifamily units or commercial/industrial developments in excess of 1,000 square feet shall incorporate a solid waste management plan with their application, specifically including provisions for the handling, storage and disposal of solid waste and recycled materials.
(14)
The proposed location of buildings, including proposed first-floor grades.
(15)
All means of vehicular access for ingress and egress to and from the site onto public streets, showing the size and location of driveways and curb cuts, including the possible organization of traffic channels, acceleration and deceleration lanes, additional width and any other devices necessary to prevent traffic hazards.
(16)
The location and design of any on-site parking areas or loading areas, showing size and location of bays, aisles and barriers, and internal traffic circulation.
(17)
The proposed location, direction of illumination, power and time of proposed outdoor lighting.
(18)
A landscape plan showing all screening and a planting schedule.
(19)
Proposed stormwater drainage system designed to accommodate a twenty-five-year storm using the New Jersey Department of Environmental Protection rainfall intensity curve. All site plans shall be accompanied by a key map showing all existing drainage within 500 feet of the tract and all areas such as paved areas, grassed areas, wooded areas and any other surface areas contributing to the surface water runoff and calculations of the runoff, showing methods of computation.
(20)
All means of pedestrian access to and from the principal buildings, parking areas and adjacent public sidewalks and streets.
(21)
The entire property in question, even though only a portion of said property is involved in the site plan; provided, however, that where it is physically impossible to show the entire property on one sheet, it may be shown on a key map. The key map shall also show the tract in relation to its surrounding area.
(22)
The location of all buildings within 50 feet of the property line.
(23)
The location, size and description of all proposed signs relating to traffic regulations, off-street parking or loading areas and the location, size and description of all business identification signs.
(24)
Fire areas and other accessways for emergency vehicles.
(25)
Drawings of building elevations, perspectives or renderings to demonstrate that the proposed building or buildings will be aesthetically acceptable and in keeping with the character of the neighborhood prepared by a New Jersey licensed architect.
(26)
Such other information or data as may be required by the reviewing board in order to determine that the details of the site plan are in accordance with the standards of this chapter and all other ordinances of the City of Hackensack and, further, that the building or use will not be detrimental to the public health, safety and welfare.
§ 175-4.9 Deviations from site plan standards.
If it can be demonstrated that, because of peculiar conditions relating to the property or proposed construction, any of the above details are not necessary to properly evaluate the site plan, the reviewing board, upon written application, may modify or waive any of the specific site plan details.
§ 175-4.10 Standards for review.
The reviewing board approval may refer the site plan to the City Engineer, Planner, Police Department, Fire Department and/or any other pertinent departments for review and comment. Following receipt of such comments, the reviewing board, before approval, shall determine that the proposed site plan and structure will compare favorably with community standards, other neighborhood improvements and the properly intended and planned appearances throughout any street or neighborhood. In making such determination, the reviewing board shall consider the objectives of review as set forth in this article.
§ 175-4.11 Agreement with developer.
The reviewing board may require, as a condition of its approval, that the applicant enter into an agreement with the Board providing for such reasonable conditions as the Board finds necessary to assure that the required improvements shall be properly installed and will function so as not to create any nuisance or condition adverse to the public interest.
§ 175-4.12 Off-tract improvements.
When reviewing a site plan, the reviewing board shall determine if off-tract public utilities and facilities are capable of serving the proposed development. If these public utilities and facilities are inadequate, the reviewing board shall document the inadequacies and either deny the application and advise the applicant and the City Council of the off-tract improvements that are required for the approval or provide an approval conditioned upon the correction of the inadequacies. The applicant shall meet with the City Council of the City of Hackensack or other responsible agency to make adequate provision for these off-tract improvements, and, upon the resolution of this issue, within 18 months of the original denial, the reviewing board may grant approval without a resubmission of the site plan documents.
§ 175-4.13 Completion of improvements.
A.
Prior to the issuance of a certificate of occupancy, the applicant's engineer shall certify that all improvements as shown on the approved site plan have been completed in accordance with the approved site plan or accepted construction practices. When, by reason of adverse weather conditions, completion of certain improvements would cause an undue delay, the reviewing board may allow the issuance of a temporary certificate of occupancy after the posting by the developer of a performance guaranty sufficient in amount to cover the cost of all such uncompleted improvements as estimated by the City Engineer, assuring the installation of such uncompleted improvements within six months of the posting of the performance guaranty. The amount of the performance guaranty shall be fixed by the reviewing board and shall not be in excess of 120% of the cost of uncompleted improvements as estimated by the City Engineer. The performance guaranty shall be in a form acceptable to the City Attorney.
B.
The Construction Official of the City may issue temporary certificates of occupancy when site plan improvements required for the health and safety of the occupants are completed and the remainder of the improvements can be completed within 60 days or the performance guaranties have been posted.
§ 175-4.14 Violations and penalties.
Failure to comply with any of the conditions of site plan approval subsequent to the receipt of a building permit or certificate of occupancy, as the case may be, shall be construed to be a violation of this article and shall be grounds for the revocation of any building permit or certificate of occupancy, as the case may be. If the Construction Official finds that any conditions of site plan approval have not been met, he shall give the applicant 10 days' written notice to comply with said conditions and failure to comply within this ten-day period shall result in the revocation of the building permit or certificate of occupancy, as the case may be. Such violations may additionally or singly also be prosecuted by law.
